Bail
There is no definition of the term “bail” under the criminal procedure code though the terms “bailable” and “non-bailable” have been defined. In other word Bail, in law, means procurement of release from imprisonment of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority.
First Schedule to the criminal procedure code, classifies the offences defined in the Indian Penal Code 1860. Besides specifying CrPC whether an offence is Bailable or Non-Bailable it also specifies if it is Cognizable or Non-Cognizable, which Court has the jurisdiction to try the said offence, the minimum and amount maximum amount of punishment that can or shall be awarded for the said offence.
The Supreme Court of India has from time to time made certain bailable offences, non-bailable or vice-a-versa by special directions, to curb increasing menace of certain crimes in the society. The State Governments has the power to make certain offences bailable or non-bailable in their respective States.
Types Of Bail In India
In India commonly 3 types of bail which a person can apply depending upon the stage of the criminal matter:
- Regular Bail:- A regular bail can be granted to a person who has already been arrested and kept in police custody. As per section 437 and Section 439 of the CrPC a person can file a bail application for regular bail.
- Interim Bail: Interim bail is a bail granted for a short time period. Interim bail is granted to an accused before the hearing for the grant of regular bail or anticipatory bail.
- Anticipatory Bail: A person who discerns that he may be arrested by the police for a non-bailable offence, can file an application for anticipatory bail. This type of bail like an advance bail obtained under Section 438 of the CrPC. A bail under Section 438 of CrPC is a bail before arrest and a person cannot be arrested by the police if the anticipatory bail has been granted by the court.
The police and courts (two) authorities that can grant bail are.
Basic Rules of grant or denial of bail may simply be summarized as per Crpc:
When you are an accused of some crime and record your statement and take information like the name, residence/office address, date of birth, birth place, charge filed against you, etc. The police officer (inspector) may also check back the criminal record if any in the police station and ask for finger prints to files a case against you. The crimes is bailable and simple, you will be allowed to apply for bail immediately.
However, if the crime is a little bit complex and non-bailable, you may wait and to claim your right to bail in the court (jurisdiction)where your jurisdiction. Depending upon the facts of the case, your oldest record etc the judge decides whether you should get bail or not. Also, in situation you are given bail you are asked to deposit money/surety/guarantee/bail bonds with the court.
Bailable offences/Non Bailable offences
- There are only two kinds of offences bailable offences and non bailable offences
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Bailable offences |
Non Bailable offences |
| In this case offences section 436 of CRPC it is the right of accused to demand and be granted bail. |
in this case the certain basic criteria while exercising his judicial discretion for grant or denial of bail in case of non bailable offences has been laid down in section 437 CrPc in the cases related to non-bailable offences. Some of these criteria include the nature of offence, and past criminal records, probability of guilt Note- Offense under Chapter VI, (Offences Against the State) Chapter XVI (Offences Affecting Life) or Chapter XVII (Chapter XVII – Of Offences Against Property) of the Indian Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offense, is released on bail under sub-section (1) of section 437. However, for that the Court has power to impose any term and condition which it considers necessary. |
Section 437 of CrPC empowers the Court to impose conditions at the time of granting bail. The Court may, while granting bail to a person, ask him to surrender his passport as stated in Hazarilal vs. Rameshwar Prasad AIR 1972 SC 484, The Hon’ble Supreme Court judge in the matter of Sheikh Ayub vs. State of M.P (2004) 13 SCC 457, while adjudicating upon the reasonability of the imposed bail conditions held, “By the impugned order, the Appellant was granted bail and directed to deposit 2,50,000 Rupees. which is alleged to be the amount appropriated by the Appellant. There was also condition for furnishing surety bond for 50,000 Rupees. In the circumstances of the case, direction to deposit 2,50,000 was not warranted, as part of the conditions for granting bail.
Anticipatory bail
as per Section 438 CRPC deals with anticipatory bail in cases where there is an apprehension to arrest, When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply anticipatory bail to the High Court or the of Session Court for a direction of section 438 of CrPC; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
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